U.S. Court of Appeals for the Fifth Circuit, 2024

United States v. Lerma-Garcia

United States v. Lerma-Garcia
U.S. Court of Appeals for the Fifth Circuit · Decided October 3, 2024

United States v. Lerma-Garcia

Opinion

Case: 24-40147 Document: 52-1 Page: 1 Date Filed: 10/03/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-40147 FILED Summary Calendar October 3, 2024 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Salvador Lerma-Garcia, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 1:23-CR-697-1 ______________________________ Before Graves, Willett, and Wilson, Circuit Judges.

Per Curiam: * The Federal Public Defender appointed to represent Salvador Lerma- Garcia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Lerma-Garcia has filed a response, in which he, inter alia, requests the appointment of new counsel. That motion is _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-40147 Document: 52-1 Page: 2 Date Filed: 10/03/2024

No. 24-40147

DENIED. See United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir. 1998). Further, to the extent that Lerma-Garcia raises a claim of ineffective assistance of counsel, the record is insufficiently developed for this court to review such a claim in this direct appeal. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have otherwise reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Lerma-Garcia’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.

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